Last year, the Obama administration tried to claim that international treaties trump US law while arguing a case in the Supreme Court. Senator Ted Cruz vehemently disagrees, and is very wary of a precedent that may be set if the Court agrees with Obama’s Justice Department.
H/T: Washington Examiner
Justice Department attorneys are advancing an argument at the Supreme Court that could allow the government to invoke international treaties as a legal basis for policies such as gun control that conflict with the U.S. Constitution, according to Sen. Ted Cruz, R-Texas.
Their argument is that a law implementing an international treaty signed by the U.S. allows the federal government to prosecute a criminal case that would normally be handled by state or local authorities.
“The Constitution created a limited federal government with only specific enumerated powers,” “The Supreme Court should not interpret the treaty power in a manner that undermines this bedrock protection of individual liberty,” Cruz said.
The argument was made in the case Bond v. United States, which involves a woman who used toxic chemicals to harass a former friend that had an affair with her husband. The matter should have been handled by the local justice system and law enforcement, but the federal government moved in, claiming violation of the Chemical Weapons Convention Implementation Act, a UN treaty dealing with nation-states and their use of chemical weapons in warfare.
“The problem here is precisely that Congress, rather than implementing the treaty consistent with our constitutional system of federalism, enacted a statute that, if construed to apply to petitioner’s conduct, would violate basic structural guarantees and exceed Congress’s enumerated powers,” according to Bond’s lawyers.
The Judicial Crisis Network, a conservative legal activist group, is concerned about possible future ramifications if the Supreme Court agrees with the Obama administrations argument that international treaties trump US Constitutional laws.
“If the administration is right, the treaty power could become a backdoor way for the federal government to do everything from abolishing the death penalty nationwide, to outlawing homeschooling, to dramatically curtailing the states’ rights to regulate abortion,” she told the Washington Examiner.
This is not the first time that Obama has tried to use international treaties to undermine the sovereignty of the United States. Obama has been secretly negotiating with various European and Asian countries to create, enact and implement two “free trade” treaties, the TTIP and TPP. Both of these treaties will usurp US rule of law and sovereignty to international bureaucracies that will set their own rules and serve their own interests.
Obama is also searching for ways to implement the UN’s Arms Trade Treaty, a barely concealed gun ban that would heavily regulate the firearms industry, including the manufacture, trade and possession of “small arms” like rifles, shotguns and handguns, and the ammunition that goes with them. Luckily, the Senate voted down the UNATT and refused to ratify it. But Obama had the treaty signed anyways, and will use any type of legal precedent, no matter how tenuous, to continue pursuing his anti-gun agenda.
Obama and his administration lackeys need a reminder that the Constitution is the supreme law in this country, and any treaty, no matter how important it may be deemed, is not applicable in this country if it doesn’t comply fully with the Constitution.